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CIRCLE K CORP. v. ROSENTHAL

No. 2 CA-CIV 2432.

118 Ariz. 63 (1977)

574 P.2d 856

CIRCLE K CORPORATION, a corporation, Appellant and Cross Appellee, v. Morris ROSENTHAL, Appellee and Cross Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 12, 1978.

Review Denied February 7, 1978.

Attorney(s) appearing for the Case

Stompoly & Even, P.C. by John G. Stompoly, John Patrick Lyons, Tucson, for appellant and cross appellee.

Miller, Pitt & Feldman, P.C. by Janice A. Wezelman, John L. Tully, Tucson, for appellee and cross appellant.

OPINION

RICHMOND, Judge.

Morris Rosenthal, a clerk working in the Circle K store at Grant Road and Campbell Avenue in Tucson, was shot by an armed robber a few minutes after midnight on July 1, 1974. He commenced an action for his injuries against his employer, alleging that Circle K negligently failed to provide him a reasonably safe place to work. In its answer Circle K raised the defense that Rosenthal's sole remedy...

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